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AGENDA DOCUMENTS CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Meeting Dates Date Final Form Must be Turned in to City Clerk's Office Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office D December 16, 2008 December 1,2008 (Noon) D D January 6,2009 December IS, 2008 (Noon) D ~ January 20, 2009 January 5, 2009 (Noon) D D February 3, 2009 January 19, 2009 (Noon) D February 17, 2009 February 2, 2009 (Noon) March 3, 2009 February 17,2009 (Noon) March 17, 2009 March 2, 2009 (Noon) April 7, 2009 March 16,2009 (Noon) D Announcements/Presentations D City Manager's Report NATURE OF D Administrative D New Business AGENDA ITEM D Consent Agenda D Legal D Code Compliance & Legal Settlements D Unfinished Business ~ Public Hearing D RECOMMENDATION: Please place this request on the January 20,2009 City Commission Agenda under Public Hearing. The Planning and Development Board on December 23, 2008, recommended that the request be approved, with two additional conditions regarding the applicant's maintenance of the private roadway and property. For further details pertaining to this request, see attached Department Memorandum No. 08-053. EXPLANATION: .. PROJECT: AGE~T OWNERS: LOCATION: Harbor Cay (SPTE 08-007) Sid E. von Rospeunt Harbor Cay, LLC East side of North Federal Highway, approximately 160 feet north of Gateway Boulevard Request for a second one (I)-year time extension of the site plan (NWSP 06- 011) approved on May 2,2006, thereby further extending site plan approval from May 2,2008 to May 2,2009. DESCRIPTION: PROGRAM IMPACT: N/ A FISCAL IMP ACT: N/ A ALTERNATIVES: J Development City Manager's Signature Assistant to City Manager ~ /' -- City Attorney / Finance Planning and Zoning Director S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC C) CO o M n N .. , ~ r-;;=i =i-~ -<t.:J n-" .,-~ i.." 6 ';':;3.-< ;::J:;: .z (/)6 0.""" ...,,;: ...,,:~ ,;.."m ~ '~:.:i> 1"'iC') ::t: -0 :x ca -.I TO: THRU: FROM: DATE: PROJECT: REQUEST: DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 08-053 Chair and Members Planning and Devel~ Board Michael Rump~ ( Director of Planning and Zoning Kathleen Zeitler Icz, Planner II August 11, 2008 Harbor Cay (SPTE 08-007) Site Plan Time Extension Property Owner: Applicant I Agent: Location: Existing Land Use: Existing Zoning: Proposed Land Use: Proposed Zoning: Proposed Use: Acreage: Adjacent Uses: North: South: East: PROJECT DESCRIPTION Harbor Cay, LLC Sid E. von Rospeunt, Managing Member for Harbor Cay, LLC East side of North Federal Highway, approximately 160 feet north of Gateway Boulevard (see Location Map - Exhibit "AfT) Special High Density Residential (SHDR) Infill Planned Unit Development (IPUD) No change proposed No change proposed Townhouses 1.429 acre To the north is developed multi-family residential property (Inlet Harbor Club), classified Recreational (R) and High Density Residential (HDR) land use and zoned Recreation (REC) and Multi-family Residential (R-3); To the south is developed commercial property (Gateway Shell), classified Local Retail Commercial (LRC) land use and zoned Community Commercial (C-3); to the southeast is developed single-family residential, classified Low Density Residential (LDR) and zoned Single-family Residential (R-1-AA); To the east is developed single-family residential, classified Low Density Residential Page 2 Harbor Cay SPTE 08-007 (LDR) and zoned Single-family Residential (R-1-AA); and West: Right-of-way for Federal Highway, then farther west is right-of-way for the Florida East Coast (FEC) railroad. BACKGROUND Mr. Sid E. von Rospeunt, managing member of Harbor Cay, LLC is requesting a second one (l)-year site plan time extension for the Harbor Cay New Site Plan Development Order (NWSP 06-011), which was approved by the City Commission on May 2, 2006. At the time of site plan approval the regulations allowed a total of one (1) year to secure a building permit following site plan approval; however, the regulations have since been revised to allow an initial 18-month period to secure a building permit. A previous site plan time extension (SPTE 07-006) for this project was approved on September 18, 2007, which extended site plan approval for one (1) year, from May 2, 2007 to May 2, 2008. If this request for an additional extension were approved, the expiration date, including concurrency approval, would be extended to May 2, 2009. The subject property consists of 1.429 acres, zoned Infill Planned Unit Development (IPUD), located within Planning Area I of the Federal Highway Corridor Community Redevelopment Plan. According to the staff report for the approved site plan (NWSP 06-011), the proposed Harbor Cay is a redevelopment project approved for a total of 23 fee-simple town homes, recreational amenities, and related site improvements. The 23 dwelling units (at a density of 16.09 dwelling units per acre) are proposed as two (2)-bedroom units, each with a bonus room that could be used as a third bedroom. The 23 units are planned within six (6) separate buildings on the 1.429-acre site. Each three (3)-story building would contain four (4) dwelling units, with the exception of one building that proposes three (3) units. The approved site plan (see Exhibit "B'') proposes three (3) model types, ranging from 2,534 square feet to 2,599 square feet of total air-conditioned area. According to the staff report, the proposed townhouse buildings would have hints of Spanish- Mediterranean accents with a contemporary/modern design. Building accents would include cupolas, Spanish S-tile roofs, decorative banding, stone veneer, awnings, and decorative garage doors. ANALYSIS According to Chapter 4, Section 5 of the Land Development Regulations, "the applicant shall have one (1) year to secure a building permit from the Development Department". Examples of building permits include but are not limited to the following: Plumbing, electrical, mechanical, foundation, and structural. City regulations authorize the Commission to approve site plan time extensions up to one (1) year, provided that the applicant files the request prior to the expiration date of the development order. In this case, the applicant has met that requirement. The Planning & Zoning Division received the application for time extension on April 28, 2008, four (4) days prior to the expiration date of the site plan. The applicant states in the justification submitted for the second time extension (see Exhibit "C''), that "due to the severe real estate slump, and a recovery not to be projected within the next 12 months, it is impossible for Harbor Cay to either obtain new construction financing or procure the required pre-sales of units". The applicant also notes that the previous commitment for construction financing was lost, and future funding has not yet been finalized. According to the previous justification submitted for the first requested time extension, the applicant details the "good faith" efforts in moving forward with the project, explaining that the project has been delayed due to the following: (1) required reconfiguration of underground utilities and subsequent civil engineering plan revisions which required re-submittal for further review and approval; (2) delay in platting due to required civil plan revisions; and (3) construction plan revisions necessary to address conditions of site plan approval. Page 3 Harbor Cay SPTE 08-007 A more formal criterion for evaluating requests for time extensions is compliance with (traffic) concurrency requirements. On March 29, 2006 the Palm Beach County Traffic Division approved the traffic study for this project and included a restriction that no building permits are to be issued for the project after the build-out year of 2009. The site plan time extension is still subject to the original 85 conditions of the new site plan approval. No new land development regulations are now in place against which the project should be reviewed and modified. As for application of the Art in Public Places ordinance (05-060), this project is not exempt, as the new site plan request was filed and under review after adoption of Ordinance 05-060 on October 5, 2005. Therefore, the project must comply with Ordinance 05-060 as stated in the original conditions of site plan approval. Lastly, a capacity reservation fee of approximately $10,000 was paid by the applicant at the time of the first site plan time extension request. Utilities records indicate the annual utility reservation fee is once again due. Without payment of the reservation fee, the Utilities Department cannot guarantee capacity will be available when the developer is ready to move forward (see Exhibit "D" - Conditions of Approval). SUMMARY I RECOMMENDATION Staff recommends approval of this request for a second one (1 )-year time extension of the Harbor Cay site plan (NWSP 06-011). If this request for extension were approved, the expiration of this site plan would be extended to May 2, 2009. Staff is generally in favor of the redevelopment efforts represented by the approved site plan, which serves to promote the goals of the Community Redevelopment Agency and the Federal Highway Corridor Redevelopment Plan. The proposed Harbor Cay project will provide an opportunity for redevelopment in a highly visible corridor in the City, increase the value of adjacent and nearby properties, and contribute to the overall economic development of the City. If this request for site plan time extension is approved, all outstanding conditions of approval from the new site plan approval must still be satisfactorily addressed during the building permit process. Any additional conditions recommended by the Board or City Commission shall be documented accordingly in the Conditions of Approval (see Exhibit "D'j. S:\Planning\SHARED\WP\PROJECTS\Harbor Cay\SPTE 08-007\Staff Report.doc Exhibit "A" - Site Location Map Harbor Cay - SPTE 08-007 130 65 0 130 260 390 520 ~~- 'Fe~ N W4fE S EXHIBIT B ~ --- --- --- ----.~ ---- --_~RlOA EAsT CO' A , ----__ ~STRAllc"'.- "'= ,--_ -1VI\U " u.s. HIGHwAY - - _ No. f ~ r ---- :::--:----_~ " , - -~-~-:"'::"--- ~-B~ I~~ , .. fi'..... - " ,,~ I I: fi I: I: I: r: I: I: I' d I: I: , , I I , .. --~-~ .. '- ~- -=" .. ,-.~ - ~-.:-- i-- , .. I . I II t . ~JI HAIUlOR CAY' TOWNHOU__ fBK1B . E -==-.~ ,-_. l"_~~=_..... c5r~~ EXHIBIT "e' ~ !lib ~IJi' Apri124, 2008 Board of Commissioners The City of Boynton Bearh 100 East Boynton Beach Blvd. Boynton Beach, FL 33435 Uj) ~cc~a~~lnl ~~, APR 28m lid/i CITY MANAGER'S OFFICE Re: Development Order Extension To An Whom This Conrerns: Please acrept: our request for an extension of twenty four months for Boynton Beach Redution 06-097, a Development: Order for Harbor Cay Town Homes; an IPUD located within a few hundred feet North of Gateway Boulevard on Federal Highway goingtowmdstheIlltraroa;tal Waterway. Due to the severe real estate slump and a recovery notto be projectBd within the next 12 month it is Unpossl'ble for Harbor Cayta eitberobtain newconstrud:ion finAMqgorprocurethe required pre-tWes afunits. It ~ UDtikelytbat a cxmstruction permit muJd be secured before the Development Order expires on May ~ of 2008. Furthermore, given the cireumstances enumeratEd a1xJvewe have lost om previous commitment fur oonstmction finaMng, and. have yet tDfinalize1hefuture fimding. We t:behiure request a DO fee and or no rost: exl:eDsion tothedeve1opment order giving the sinrere real estate depression currentlythrougbout South F1orida. It is ahmdy a baIdsbip just to maintain the currentfinRnring and nottD "waIkawayfrom the project" Given the~ the Projectmuld. not affonl to pay any fees and stay "alive". Thank~ in aCMmce, fur your time and oonsideration. We trust that the Boanl of CommiSsioners shall look upon our petition with kindness and generadty. WIth E. \'On RoSpeunt Managing Member H a1'bor Cay, LLC 2.633 Lllntl:ll1l RoaJ Suitt 44. LlllltRrza, FloriJ.a 33462.1. Tll: 561-2.3 a-lOOO F IlJC: 56 1-<f- J 4- ! 969 www.b~~.rom f EXHIBIT "D" Conditions of Approval Project name: Harbor Cay File number: SPTE 08-007 Reference: DEPARTMENTS INCLUDE REJECT PUBLIC WORKS- General Comments: None X PUBLIC WORKS- Traffic Comments: None X UTILITIES Comments: l. The applicant shall pay the utility reservation fee in order to ensure capacity X will be available when project commencement is anticipated. FIRE Comments: None X POLICE Comments: None X ENGINEERING DIVISION Comments: None X BUILDING DIVISION Comments: None X PARKS AND RECREATION Comments: None X FORESTER/ENVIRONMENTALIST Comments: None X PLANNING AND ZONING Conditions of Approval Harbor Cay SPTE 08-007 P 2 age DEPARTMENTS INCLUDE REJECT Comments: 2. The site plan time extension shall be subject to all previous Conditions of X Approval. ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS Comments: 3. The applicant shall maintain the private roadway to City standards to ensure X safe and adequate access for emergency apparatus. 4. The applicant shall maintain the property up to City code standards. X ADDITIONAL CITY COMMISSION CONDITIONS Comments: To be determined. S :\Planning\SHARED\ WP\PROJECTS\Harbor Cay\SPTE 08-007\COA.doc NOTICE OF PUBLIC HEARING EXHIBIT "8" NOTICE IS HEREBY GIVEN that the Planning and Development Board of THE CITY OF BOYNTON BEACH, FLORIDA, will conduct a PUBLIC HEARING on Tuesday, December 23, 2008 at 6:30 p.m., to consider a request submitted by Neil Schimmel, Managing Member, on behalf of Harbor Cay LLC., The City Commission will also consider this request on Tuesday, January 20, 2009 at 7:00 p.m. or as soon thereafter as the agenda permits. Both meetings will be held in the CITY HALL COMMISSION CHAMBERS, 100 East Boynton Beach Boulevard. The request is described as follows: LOCATION: East side of North Federal Highway, approximately 160 feet north of Gateway Boulevard (600 Lakeside Harbor Drive). REQUEST: Site Plan Time Extension (to extend site plan approval from May 2, 2008 to May 2, 2009 to allow additional time to secure a building permit). PROPOSED USE: Residential development consisting townhouse units, swimming pool, improvements on a 1.429-acre parcel district. of 23 fee-simple and related site in the IPUD zoning LEGAL DESCRIPTION: On file in the office of Planning and Zoning Division. This request can be viewed between the hours of 8:00 a.m. and 5:30 p.m. at the City of Boynton Beach Planning and Zoning Division, 100 East Boynton Beach Boulevard. All interested parties are notified to appear at said hearings in person or by attorney and be heard. Any person who decides to appeal any decision of the Planning and Development Board or City Commission with respect to any matter considered at these meetings will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. The City shall furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal opportunity to participate in and enjoy the benefits of a service, program, or activity conducted by the City. Please contact Patricia Tucker (561) 742-6268, at least twenty-four (24) hours prior to the program or activity in order for the City to reasonably accommodate your request. CITY OF BOYNTON PLANNING AND ZONING (561) 742-6260 EXHIBIT f/ C-" EXHIBIT .~.. Gary R. Nikolits,CF A Palm Beach County Property Appraiser Property Mapping System Search II Parcel Details I -- - - Owner Information peN: 08434515030000022 I Return to PAPA Name: HARBOR CAY LLC Location: 605 LAKESIDE HARBOUR Mailing: 2633 LANTANA RD STE 44 LANTANA FL 33462 2490 Appraisal Value Market Value: Assessed Value: Exempt Amnt: Taxable: Tax Value Ad Valorem: Non ad valorem: Total: Sales Information SaI~s~l:!a.t~ NoY-2005 Jun-2004 NoY-2003 Jan-1976 Jan-1972 Page I of 1 $1,762,589 $1,762,589 $ Palm Beach County Property Map Map Scale 1:1386 Legend D Parcel Bomdary ~ Lot nurrbel' Map produced on 12/16/2008 from PAPA hltp://www.pbcgov.com/papa http:// gisweb.co. palm-beach. f1 us/ipapagis/presentation/mapping/printnew .asp?MAPURL... 12/16/2008